I have Diplopia after a Workplace Accident – What are my Rights?
We don’t go into work thinking that we might be harmed in an accident, but these incidents are very common, no matter what industry you work in. People at a worksite can be injured from a fall, electric shock, deep cuts from sharp tools, hit with a falling object – frankly, the list goes on and on. Some workers also have auto accidents on the job if they make deliveries or spend much of their time on the road.
Many of accidents you can have at work result in head trauma that causes problems with your vision. In particular, you may have diplopia, also known as double vision, which can last for a few days or weeks. Thankfully, the majority of cases are temporary as long as you seek medical attention in a timely manner. However, some people end up with permanent injuries to their brain or eyes, which can cause blindness and other devastating health conditions.
As someone that is having double vision after a slip and fall, trip and fall, or another accident at work, you are likely to have questions about your rights and legal options. That’s why we invite you to contact our office and talk to a workers’ compensation lawyer.
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Why am I having Double Vision after an Accident?
As we previously stated, it’s not abnormal to have diplopia for a few days or so after an accident. However, you should never wait to go a hospital and seek treatment, as it can be a sign of brain injury or damage to one or more parts of your eye. Here are some of the most common injuries that result in double vision after an injury to the head or neck.
- Damage to the optic nerve – when there is forceful blow to the head, it can cause pressure to build up inside your skull. This can lead to optic nerve damage, which will cause problems in the transmission of electrical impulses from the eyes to your brain.
- Corneal abrasion – the cornea is the clear, uppermost layer of your eyes. In some accidents, you may have scratches or other injuries to the cornea due to debris, chemicals, and other contaminants getting in your eyes.
- Detaching of the retina – While the cornea is located in the front of your eye, the retina is situated I the back, where it captures light, processes images, and transmits them to the brain. In accidents involving head trauma, the retina can move away, i.e., detach from its normal position. Retinal detachment is a medical emergency, so if you notice diplopia after a head injury, seek medical attention immediately.
- Traumatic brain injury – when there is blunt force trauma to the head, the brain can bounce back and forth inside the skull. This can cause all sorts of damage, including misalignment of your eyes. That, combined with a brain injury can make it impossible for your eyes to create a single image out of the images that are processed by each of the eyes.
Treatments for Double Vision Caused by an Accident
It’s terrifying to think of your vision being disrupted on a permanent basis. Fortunately, most cases of diplopia are treatable, though it can months of testing, rehabilitation exercises, and treatments before normal vision is restored. The key is to see an eye doctor as soon as possible, who can diagnose the injury that’s causing you to have double vision. Below are examples of possible treatments for diplopia after a workplace accident:
- Eye exercises to strengthen the eye muscles and improve your brain’s ability to process visual images
- Occlusion therapy, or wearing an eye patch, which can help those with a lazy or wandering eye
- Prism glasses with specialty lenses that can help correct diplopia by redirecting the light to the correct place on your retina
- Surgery to correct misalignment of the eyes (strabismus)
- Corticosteroid therapy for those with severe or acute phases of double vision
Initiating a Workers’ Compensation Claim
Due to the serious nature of diplopia and what it can mean for your health, you must see a doctor right away if you are having double vision after an accident. If you are injured at work or while performing a job-related duty, report the accident to your supervisor immediately. Please note that you have 30 days starting from the date of injury to notify you employer. If you miss this deadline, you will not be able to proceed with a workers’ compensation claim.
If you need to go the emergency room for a severe injury (extreme pain, excessive bleeding, etc.), it is fine to call 911 or have someone take you to the emergency room. Just make sure to talk to your employer as soon as possible to let them know about the incident. At that point, your employer will notify their worker’s comp insurance provider and give you paperwork that’s related to your claim. You should also have someone you can talk to, like a benefits administrator, if you have questions about the claims process.
Keep in mind that unless you predesignated a medical provider for workplace injuries, you will need to see a doctor that’s chosen by the claims administrator for the first 30 days. This is another reason that you should talk to your employer immediately, as they will need to tell you which hospital / facility you should go to for treatment.
Third Party Lawsuit for a Work-Related Accident
In addition to payments from workers’ compensation, you may have grounds to sue a third party that caused or played a role in your accident. An office worker, for example, may have been injured due to an electrical fire caused by a defective appliance. If the defect with the product existed before it left the manufacturer’s possession, you may be eligible for compensation from a product liability claim.
Another example involves people who are on the road for work, like truck drivers and delivery workers. Many of these people are hurt in car accidents due to someone else’s careless or reckless driving. In this situation, the injured worker can file a car accident claim with the negligent driver’s insurance provider while receiving benefits under workers’ comp.
Eye and brain injuries often require long-term treatment to help manage symptoms like double vision. The financial burden can be overwhelming to deal with, so it’s crucial to explore all the legal options that are available to you.
What is the Time Limit to Submit a Worker’s Compensation Claim?
You have 1 year to file a claim for workers’ comp benefits with your employer’s insurance company. The majority of people submit a claim within days or weeks of being injured, but that may not be possible if you are severely injured or you have an injury that is likely to cause disability. That’s why California law provides claimants with 1 year to submit the required paperwork. However, the ultimate goal is to file your claim as soon as possible. Aside from having your medical expenses covered, WC covers up to two-thirds of your gross wages. You don’t want to be without this money for too long, especially if you are expected to be out of work for a long time.
If you have any questions or concerns with a workplace injury claim, please take a moment to contact our law firm. We are happy to help, whether you were recently injured or have a claim that was unjustly denied by the insurance company.
If I’m Filing a Third Party Lawsuit, How Much Time Do I have?
Generally, the deadline for a personal injury lawsuit in California is 2 years, though claims against a government entity (government employee, department, contractor, etc.) must be filed within 6 months. This window of time begins on the date of the accident, so it’s important to reach out to a lawyer as soon as possible. It can quite a while to obtain evidence, build a solid foundation for a lawsuit, and file the required paperwork with the appropriate court system. Kick starting the legal process as soon as possible is the key to ensuring a favorable outcome if you were injured by someone else’s negligence or misconduct.
Help from a Workplace Accident Lawyer
Diplopia and other symptoms of injuries at work take a lot out of you, physically, emotionally, and financially. That’s why it’s so important to file a claim for the compensation you deserve, but getting the benefits you are entitled to can be challenging for the average person. Our law firm is here for you 24/7, with lawyers who have been fighting for the rights of injured workers for several decades. Whether you need help filing a claim or proving the severity of your injuries to the insurance company, don’t hesitate to give us a call. Our attorneys can also represent you in a personal injury claim if there is a third party that’s liable for your accident.
One thing we will never do is charge you upfront for the cost of legal services. With our Zero Fee Guarantee, all legal fees are recovered once we secure your settlement check. That means if we don’t win your case, we make $0 and you walk away without spending a penny.
Contact us today if you were diagnosed with diplopia after a workplace accident. We look forward to speaking with you during a free, private consultation.
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